IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20124 of 2011
Bhola Kumar Sah @ Bhola Sah, Son of Jai Prakash Sao.
Resident of Mohalla Gayatrinagar, Jamalpur, Road No. 2, Police Station Jamalpur,
District Munger.
---------- Petitioner
Versus
1.The State Of Bihar.
2.Seema Kumari @ Doli Kumari, Daughter of Sri Bhuneshwar Sah and Wife of
Bhola Kumar Sah @ Bhola Sah.
Resident of Singhpur, P.O & P.S. Haweli, Kharagpur, District Munger.
-------- Opposite Parties
-----------
03/- 10/08/2011 Heard learned counsel for the petitioner, learned
counsel for the complainant and learned Additional Public
Prosecutor for the State.
The petitioner apprehends his arrest, in connection
with Complaint Case No. 899 C of 2009 for the offences
punishable under Sections 498A, 323 of the Indian Penal Code
and 4 of the Dowry Prohibition Act, pending in the court of Sub-
Divisional Judicial Magistrate, Sadar, Munger, is named accused
in this case being husband of the complainant with allegation of
demand of dowry, torture etc.
Submission is that much before filing of instant
complaint case, petitioner has already filed Matrimonial Suit No.
1 of 2008 before the Principal Judge, Family Court, Munger,
seeking dissolution of marriage and decree of divorce, wherein,
the complainant has not only entered into appearance, but has
also been receiving Rs. 1,100/- (One Thousand One Hundred
Only) per month by way of interim maintenance. Further,
submission is that the payment continued and there is no due.
2
Considering the facts and circumstances of the
case, on the event of filing an application before the court below,
clearly stating and annexing the proof of full payment in
accordance with order of Principal Judge, Family Court, Munger
in Matrimonial Suit No. 1 of 2008 with further undertaking to
continue the payment, subject to any other order on the point by
the competent court, in the event of his arrest/surrender before
the court below within four weeks, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand only) with two sureties of the like amount
each to the satisfaction of Sub-Divisional Judicial Magistrate,
Sadar, Munger, in connection with Complaint Case No. 899 C of
2009, subject to condition laid down under Section 438(2) of the
Criminal Procedure Code with additional condition to remain
physically present before both the courts i.e. court of Sub-
Divisional Judicial Magistrate, Sadar, Munger and Principal
Judge, Family Court, Munger on each and every date at least for
two years of till disposal of the case, whichever is earlier, in case
of failure on two consecutive dates, without giving any
reasonable explanation or even on single default in payment, the
liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)